We have before the Court a motion from the appellant, Robin Larae Karr, to withdraw this appeal pursuant to Tex. R. App. P. 42.2 because the trial court granted a motion for new trial while the trial court retained its plenary power. The motion is signed by appellant personally and filed by the attorney of record. No opinion has issued in this appeal.

The motion is GRANTED and the appeal is therefore DISMISSED.

PER CURIAM

Opinion Delivered July 1, 2004

Do Not Publish

Before McKeithen, C.J., Burgess and Gaultney, JJ.

1. Tex. R. App. P. 47.4.